Lasting Power of Attorneys
We have a wealth of experience in drafting these types of documents and we can advise you on any limitations which should be considered and draft accordingly.
A power of attorney is a powerful document that allows an individual to authorise another to carry out a number of matters on their behalf. It may be used for both commercial purposes as well as private matters. You can authorise a person to have conduct over all of your affairs or you can authorise a person to have conduct for a limited period and over limited matters.
As an example, you can authorise a person to act on a sale of your property and execute all associated documents.
There are many types of power of attorney, of which an enduring power and lasting power are commonly used. An ordinary power of attorney authorises a person to manage a person’s affairs on a temporary basis. The lasting power of attorney is used when a person is unable to handle their affairs for example due to ill health or mental incapacity.
A Lasting Power of Attorney (LPA) is a simple and effective way of ensuring that family, friends or a professional advisor can take key decisions on your behalf. If you decide not to put in place an LPA then, in the event of your incapacity, an application may need to be made to the Office of the Public Guardian (OPG) to appoint someone to act on your behalf, and this may not be who you would have picked if able to make the choice yourself.
LPAs can be put in place relating to your finances, or your health and welfare, or both. Once in place and registered, they will allow your Attorney to step in as soon as help is needed. Likewise, if you have an old style Enduring Power of Attorney (EPA), you may need to make an application to register the power.
If you would like advice regarding these issues, please call us on 01332 272727 or contact us online.